5121-S.E AMH CHAN AMH-17

ESSB 5121 - H AMD

By Representative Chandler

                                                         ADOPTED AS AMENDED 4/12/95

     Strike everything after the enacting clause and insert the following:

     "NEW SECTION. Sec. 1.  The legislature finds that:

     (1) The state's highly productive and efficient agricultural sector is composed predominately of family-owned and managed farms and an industrious and efficient work force;

     (2) A reasonable level of safety regulation is needed to protect workers; and

     (3) The smaller but highly efficient farming operations would benefit from safety rules that are easily referenced and agriculture-specific to the extent possible.

NEW SECTION. Sec. 2.  A new section is added to chapter 49.17 RCW to read as follows:

     (1) To afford the legislature an opportunity to examine more closely the agricultural safety standards that should apply to the agricultural industry, no rules adopted under this chapter amending or establishing agricultural safety standards shall take effect during the period beginning January 1, 1995, and ending January 15, 1996.  This subsection applies, but is not limited to applying, to a rule adopted prior to January 1, 1995, but with an effective date which is during the period beginning January 1, 1995, and ending January 15, 1996, and to provisions of rules adopted prior to January 1, 1995, which provisions are to become effective during the period beginning January 1, 1995, and ending January 15, 1996.  This subsection does not apply to provisions of rules that were in effect prior to January 1, 1995.

     (2) Rollover protective structures shall not be required before January 15, 1996, for any tractor that was manufactured before October 25, 1976.  By December 15, 1995, the department shall prepare a list of the rollover protective structures available to persons in this state that fully satisfy the standards for such structures proposed for such tractors by the department by rule before January 1, 1995.  The list shall include the name and address of the manufacturer of each structure listed, the manufacturer's price of the structure, and approximate delivery and installation costs.  The department shall not list a structure if it:  Is not readily available; restricts or eliminates a common use for the tractor for which it is designed; or does not include all of the parts needed to install the structure on the tractor for which it is designed in a manner that fully satisfies the standards proposed for such structures by the department.  The department shall certify the accuracy of the information on the list and submit the list to the committees of the senate and the house of representatives with general jurisdiction over matters relating to agriculture and those with general jurisdiction over matters relating to labor.

     (3) The following applies to rules for agricultural safety adopted under this chapter.  The rules shall:

     (a) Establish, for agricultural employers, an agriculture safety standard that includes agriculture-specific standards and specific references to the general industry safety standard adopted under this chapter; and

     (b) Exempt agricultural employers from the general industry safety standard adopted under this chapter for all requirements not specifically referenced in the agriculture safety standard.

     (4) The department shall publish in one volume all of the occupational safety standards that apply to agricultural employers and shall make this volume available to all agricultural employers before February 15, 1996.  This volume must be available in both English and Spanish.

     (5) The department shall provide training, education, and enhanced consultation services concerning its agricultural safety standards to agricultural employers before the standards take effect.  The training, education, and consultation must continue throughout the winter of 1995-1996.  Training and education programs must be provided throughout the state and must be coordinated with agricultural associations in order to meet their members' needs.

     (6) Subsections (1) and (2) of this section do not limit the authority of the director to adopt rules that are specifically required by federal law, and only to the extent specifically required, for the agricultural safety standards under this chapter to be as effective as the standards adopted or recognized by the United States secretary of labor under the authority of the occupational safety and health act of 1970 (P.L. 91-596; 84 Stat. 1590).

     (7) Once the single volume of all of the rules setting agricultural safety standards is first published as required by subsection (4) of this section, no new rules regarding agricultural safety may be established under this chapter except:  As specifically required by federal law, and only to the extent specifically required; or as specifically authorized by the legislature by law enacted after the effective date of this section.

NEW SECTION. Sec. 3.  Section 2 (1) and (2) of this act are remedial in nature and apply to rules and provisions of rules regarding agricultural safety that would take effect after December 31, 1994."

ESSB 5121 - H AMD

By Representative Chandler

                                                                    ADOPTED 4/12/95

     On page 1, line 1 of the title, after "standards;" strike the remainder of the title and insert "adding a new section to chapter 49.17 RCW; and creating new sections."

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